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How many people can you take to a ATOS medical

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11 years 4 months ago - 11 years 4 months ago #96227 by Gordon
carruthers wrote:

Obvious answer is to request an audio recording and be prepared to have them cancel this appointment whilst they get hold of the equipment. Sometimes you have to be very persistent google "Jayne Linney" and WCA to see how this is done. With an audio recording, you shouldn't need to worry about note-taking.

(Side issue - if you are having your WCA recorded, make sure you speak loud enough for the machine to hear and say what you're doing in case the HCP says as little as possible, "As you can see I can't raise my legs more than 3 inches.")

There's all sorts of stuff about recording which seems to be changing, though it may take a long time to get through to staff at the Atos centres. I'm sure I read one account of a bloke who had taken two old portable cassette recorders in with him, done a few sensible checks and managed to get recordings that way.

Negotiation and persistence appear to be the order of the day, plus keeping up to date with the news on that front.

ATOS being unable to record your assessment does not consitute Good Cause for not attending, whilst the DWP and ATOS allow the appointment to be re-arranged once without fault, a second occurence will result in the claimants file being returned to the DWP with the string possibility of the claim being closed as a result.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 4 months ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 4 months ago - 11 years 4 months ago #96231 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:How many people can you take to a ATOS medical
Re; legal right to record medical, see Benefits News dated 8 December 2012.

"…Legal advice has been obtained to confirm that the recording of medical assessments for claimants MUST BE allowed without unreasonable obstructions . The majority of the claimants who request that their medical assessment is recorded, do not have the financial means to provide the specified recording equipment "

In my opinion this would apply to both ESA or DLA medical assessments.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 4 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).

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11 years 4 months ago #96232 by sally-jane
Replied by sally-jane on topic Re:How many people can you take to a ATOS medical
In best interest terms, I shall demand if it is deemed that I require a medical when I next fill out the wonderful simple forms to have present both my husband who is my full time carer and a note taker to cover all eventualities.
However what one demands and what one gets is two diferent things!!!

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11 years 4 months ago #96235 by carruthers
Replied by carruthers on topic Re:How many people can you take to a ATOS medical
Gordon wrote:

ATOS being unable to record your assessment does not consitute Good Cause for not attending, whilst the DWP and ATOS allow the appointment to be re-arranged once without fault, a second occurence will result in the claimants file being returned to the DWP with the string possibility of the claim being closed as a result.

Gordon

Some Atos offices will, I believe, be prepared to re-arrange an interview on their responsibility, whilst they get hold of recording equipment.

One person tells of his experience,

I was then told that my assessment could not keep getting rescheduled and I may have to attend an unrecorded assessment. I then requested the audio-recording as a reasonable adjustment under the Equality Act. I phoned them a few days before my assessment and it had been arranged.

( www.whatdotheyknow.com/request/wca_postp...cord#incoming-335003

Everyone seems to agree that you have to be prepared to be bloody-minded, though.

This Freedom of Information request has more stuff well worth anyone's attention.

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  • bro58
11 years 4 months ago #96239 by bro58
pusscatsmum wrote:

In best interest terms, I shall demand if it is deemed that I require a medical when I next fill out the wonderful simple forms to have present both my husband who is my full time carer and a note taker to cover all eventualities.
However what one demands and what one gets is two diferent things!!!


Can I come PCM, we'll have a pinic, the ATOS HCP won't be invited though !!! :laugh:

bro58

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11 years 4 months ago #96246 by carruthers
Replied by carruthers on topic Re:How many people can you take to a ATOS medical
Jim Allison wrote:

Re; legal right to record medical, see Benefits News dated 8 December 2012.

"…Legal advice has been obtained to confirm that the recording of medical assessments for claimants MUST BE allowed without unreasonable obstructions . The majority of the claimants who request that their medical assessment is recorded, do not have the financial means to provide the specified recording equipment "

In my opinion this would apply to both ESA or DLA medical assessments.

Great to have your view on this one Jim.

My post, BTW, was written and submitted before I saw yours. I think a link to the FoI site - looking especially at the pdf documents which the DWP eventually coughed up - is highly relevant.

www.whatdotheyknow.com/request/131400/re...h/4/RFP%2027.PDF.pdf

(BTW it looks as though you have to be a bit persistent to get this link up sometimes, but it does work eventually - maybe they're getting lots of hits.)

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